Dictionary exercise
The Justices of the U.S. Supreme Court are relying on dictionaries to define the terms in their legal opinions. Read about it here.
A good exercise would be to give students the definitions of three words the Justices have looked up recently, and ask them to compare the definitions. The exercise would be best presented to them without comment, so that they could do the analysis themselves.
When the class reviews their comments, they will undoubtedly pick up on the variations in definitions. Which one would/should the U.S. Supreme Court Justices rely upon? Is there another source for meaning besides dictionaries? If so, what is it? Is there any definition or nuance missing in any of the definitions?
Common law:
Oxford English Dictionary (online, June, 2011): The unwritten law of England, administered by the King’s courts, which purports to be derived from ancient and universal usage, and is embodied in the older commentaries and the reports of adjudged cases. The unwritten law of England, administered by the King’s courts, which purports to be derived from ancient and universal usage, and is embodied in the older commentaries and the reports of adjudged cases.
The American Heritage Dictionary of the English Language (1969): The system of laws originated and developed in England, based on court decisions, on the doctrines implicit in those decisions, and on customs and usages, rather than on codified written laws.
Webster’s Third New International Dictionary unabridged (1976): 1. (the first definition is the English one). 2. (This definition applies to the U.S.) The common law as it existed in England at the time of the American Revolution or at some other time fixed by state statute with whatever modifications may have been made by the inclusion at that time of doctrines from other systems of law (as equity or civil law) together with such important English statutes of general application as were suitable to the needs and conditions of the state provided no such statute contravened any local statute. 3. Unwritten law as opposed to statute law. …and there are more definitions.
Justice:
OED: The quality of being (morally) just or righteous; the principle of just dealing; the exhibition of this quality or principle in action; just conduct; integrity, rectitude. (One of the four cardinal virtues.)
American Heritage: 1. Moral rightness; equity. 2. Honor; fairness. 3. Good reason. 4. Fair handling; due reward or treatment. 5. The administration and procedure of law. Etc.
Webster’s: 1. the maintenance or administration of what is just: impartial djustment of conflicting laims: the assignment of merited rewards or punicshments: <the natural aspiration for justice in the human heart> … and more.
Attorney:
Oxford: (The English have quite a different system of qualifying lawyers to practice, and this reflects the English system) A professional and properly-qualified legal agent practising in the courts of Common Law (as a solicitor practised in the courts of Equity); one who conducted litigation in these courts, preparing the case for the barristers, or counsel, whose duty and privilege it is to plead and argue in open court.
American Heritage: A person legally appointed or empowered to act for another; especially an attorney at law.
Webster’s: one who is legally appointed by another to transact business for him; a legal agent qualified to act for suitors and defendants in legal proceedings.
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